We provide an integrated capability covering all aspects of real estate fund formation and promotion, and have advised numerous clients on their listed and unlisted domestic and global real estate funds.

We have deep expertise at every stage of a property fund's lifecycle. On a bespoke basis, we provide solutions to a diverse range of issues and complex needs. This covers all aspects of fund formation, structuring (investor and tax), investment, management, regulation, financing, acquisitions, disposals and other exits. We understand the market and can adapt our approach to changes in the sector.

“We have been very pleased with the performance and the ethics of the firm. We consider them standout performers compared to other law firms we have used”

Chambers Investment Funds 2017

Infrastructure funds

MinterEllison’s team provides innovative, commercial solutions for local and global infrastructure fund managers. Our integrated capability covers all aspects of infrastructure fund formation and promotion. We have advised numerous clients on their listed and unlisted domestic and global infrastructure funds.

Our client solutions include:

Advising foreign fund managers on the offer of foreign funds in Australia

MinterEllison is recognised as having one of the most specialised equity capital markets practices in Australia. Having acted on some of the largest fund formations and transactions for listed entities, our experienced and dedicated team have the technical expertise, awareness and transaction experience to efficiently deliver the best commercial outcomes for clients - in relation to listed funds.

We advise sponsors, managers and investors on all aspects of listed funds work including fund formation, regulatory advice, constituent documentation, listings, capital raisings, restructures and M&A for local and global investment funds.

Superannuation

With one of Australia’s leading superannuation teams, and extensive experience across all fund types, we advise on fund formation, structuring, fund mergers, prudential and governance obligations, licensing, contracting of outsourced functions (such as administration, investment management and custody), disclosure and member reporting, and handling member disputes.

We advise the full spectrum of industry participants – industry, retail, corporate and public sector superannuation schemes, employers, administrators, life insurers, investment managers and public trustee companies. We provide solutions for their legal, regulatory and taxation issues. We are at the forefront of discussion, debate and development of the law and are active participants in industry groups such as The Association of Superannuation Funds of Australia (ASFA), Financial Services Council (FSC) and the Law Council of Australia’s Superannuation Committee.

We advise on innovative and tax-effective hedge funds across all asset classes and help develop strategies for local and global markets. Our expertise includes performance fee structuring such as series accounting/equalisation, offshore fund vehicles and investment due diligence.

We also have a strong practice advising counterparties to complex derivative products referencing a variety of asset classes and advising on prime brokerage arrangements.

Venture capital and private equity

Australia's leading private equity firms are justifiably positive about the market and outlook for deal-making. They come to us for quality, commercial legal counsel and to help meet their key requirements in:

Fund formation and fundraising

Acquisitions including MBOs, MBIs, LBOs, public to private takeovers and secondary buyouts

Expansion capital

Bolt-on acquisitions

Exits through IPO or trade sale

Leveraged finance and refinancing.

We have a thorough understanding of the mandates and objectives of private equity fund managers and, as a result, we deliver focused and commercially-realistic advice. We are also a trusted adviser to the innovation and VC industry having acted for a number of fund managers (both small and large). In Australia we are the dominant private equity and venture capital fundraising firm having acted for circa 75% of all managers. We always focus on our clients' key business drivers to work efficiently and identify the areas of legal risk most likely to impact on valuations and pricing.

“They have a very good reputation specifically for private equity, do a lot of work for the best general partners and, from a market coverage perspective, they're one of the best firms here – very well connected”

Chambers

Sovereign wealth funds

We advise foreign capital providers – foreign superannuation and pension funds, foreign asset managers and sovereign wealth funds on the full spectrum of legal issues associated with direct and co-investments in consortiums across all asset classes.

We are specialists in advising on foreign investment in Australia and can provide key competition/antitrust and foreign investment approvals and tax structuring to make your investments work for you.

Financial services regulation

MinterEllison’s regulatory team advises clients across a broad range of regulatory issues including the establishment and licensing, disclosure and distribution, and ongoing compliance with regulatory obligations across all types of financial products and services, including superannuation, insurance and managed funds.

Our long-term involvement with financial institutions and acting for ASX listed companies, together with active contributions to industry bodies such as the Financial Services Council (FSC), enable us to readily identify risks and opportunities for clients and to provide successful and practical outcomes in their regulatory environments.

We are active participants in financial services industry associations, contributing to the policy debate and submissions to government on regulatory change, such as the Financial Systems Inquiry, AML/CTF legislation, FOFA and credit regulation. We invest the time to develop innovative products and solutions for our financial services clients to assist them comply with licensing and other financial services regulations.

We frequently advise and act on behalf of clients in negotiations with regulators — such as ASIC, APRA, ACCC, the ASX, AUSTRAC, State Revenue Office and the ATO — and understand the regulatory outcomes they are trying to achieve.

“Often lawyers give you advice that is not commercial, but they don't do that. They have exceeded the boundaries of a legal adviser from my perspective”

Chambers Financial Services Regulation, 2017

Investment funds M&A

MinterEllison’s M&A team specialises in transactions affecting investment funds, advising on transactions affecting the control of wealth management organisations and managed investment schemes, the transfer of management rights, the merger and reconstruction of managed investment schemes through schemes of arrangement and the demutualisation of life insurers, building societies, credit unions and friendly societies.

We add significant value in due diligence and broader issues of risk identification and allocation, and work closely with experts in competition law, real property, tax structuring and acquisition finance.

Our team is also experienced in the negotiation and execution of transactions affecting non-operating holding companies including transactions affecting statutory funds, debt portfolios and insurance portfolios. We also regularly advise on regulatory and corporate governance issues often arising in transactions involving regulated institutions.

MinterEllison is recognised as having one of the largest and most specialised investment funds and superannuation practices in Australia. We are the partner of choice for clients spanning the full spectrum of the industry.

As a Chambers Asia Pacific Band 1 Investment Funds firm, we play a leadership role in significant regulatory initiatives, including the new disclosure regime, tax reforms and MySuper.

We are also across current changes in the industry and have already started assisting clients with issues that will feature prominently well into 2018, such as redesigning processes for product suitability, risk management for RE's and climate assurance reporting.

We take a thought leadership role and actively participate with relevant industry bodies, such as the Property Council of Australia and Financial Services Council.

Our team advises on all aspects of the investment funds sector, including:

Real estate funds

Infrastructure funds

Listed funds

Superannuation

Hedge funds

Venture capital and private equity

Sovereign wealth funds

Financial services regulation

Investment funds M&A.

Our integrated solutions approach to complex client issues covers:

Advising across a range of asset and industry sectors and across wholesale, retail and ASX listed products

All aspects of fund formation, structuring, investments, exits and the resolution of disputes

Product structuring and development through our dedicated in-house tax team

Experience

Acquisition a sovereign wealth fund on its acquisition of interests in Tower 1 at the Barangaroo foreshore development in Sydney.
Forager Funds Management and Perpetual's ASX listing of Forager Australian Shares Fund.
Advising AMP Capital in relation to its retail and wholesale managed funds including a number of capital raisings for AMP Wholesale Office Fund and AMP Wholesale Shopping Centre Fund.
Acting for California Public Employees' Retirement System (CalPERS) in partnership with QIC to invest $1 billion in Asia-Pacific infrastructure.
HUB24 on restructuring its AUD$4.5 billion HUB24 Super and IDPS investment fund platforms to accommodate new disclosure, class order and fee regimes.
AUD$300 million Odyssey Private Equity Fund (spin out of George Penklis from Quadrant and the CHAMP Ventures team)
AUD$980 million Quadrant Private Equity Fund 5
Advising Australia's leading financial institutions including CBA Group, Perpetual Group, NAB/MLC, BlackRock, Challenger, Westpac Group, Grant Samuel and

Platinum Investment Managers, on the implementation of new Australian regulatory requirements in relation to fees and costs for retail products, and the new Australian tax regime for investment funds.
BlackRock, Russell Investment Management, BetaShare, VanEck on the launch and promotion of their Exchange Traded Funds in the Australian market.
AMP Life Limited on the transfer of the insurance business of the National Mutual Life Association of Australasia Limited to AMP under Part 9 of the Life
Insurance Act 1995, creating one of the largest insurance companies in Australia with combined assets of more than AUD$100 billion.
Acting for MLC Nominees Pty Ltd and PFS Nominees (the trustees) in connection with the rationalisation of NAB's superannuation business and the creation of the MLC Super Fund.
Advising Australia's leading financial institutions on the implementation of FOFA reforms and the more recent Life Insurance Framework / Trowbridge reforms.